Opinion
April 26, 1971
In an action for a separation (1) defendant appeals from so much of a judgment of the Supreme Court, Kings County, dated September 28, 1970, as granted to plaintiff a decree of separation on the ground of defendant's abandonment and failure to support her, award permanent alimony to her at the rate of $75 per week commencing as of the date of the institution of this action, and granted her counsel fees of $750; and (2) plaintiff cross-appeals therefrom insofar as it limited the counsel fees to $750. Judgment, insofar as appealed from, modified on the facts and in the exercise of discretion by reducing the amount of alimony to $25 per week, commencing as of February 11, 1970, the date of the institution of this action, and otherwise affirmed, without costs. In view of the facts: (1) that the parties have lived together less than two years; (2) there is no issue of the marriage; (3) plaintiff had previously been married three times, one marriage terminating in divorce, the second in death of her spouse, and the third in annulment; (4) prior to the marriage plaintiff had supported herself, she has her own business, has at least $8,000 in bank accounts and appears to be capable of supporting herself; and (5) defendant is 61 years of age and dependent on his salary for a livelihood, it is our opinion that the amount of alimony should be reduced to the extent indicated. Rabin, P.J., Munder, Latham, Christ and Brennan, JJ., concur.